Texas 2025 - 89th Regular

Texas House Bill HB2684 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8985 MCF-F
2	2	By: Swanson H.B. No. 2684
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to information regarding perinatal palliative care;
10	10	creating an administrative penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Perinatal Palliative
13	13	Care Act.
14	14	SECTION 2. The legislature finds that:
15	15	(1) palliative care is a critical form of care
16	16	provided to alleviate the pain and suffering of individuals with
17	17	severe life-threatening disabilities or diseases;
18	18	(2) in approximately two percent of pregnancies, the
19	19	preborn child is diagnosed with a life-threatening medical
20	20	condition that will likely result in the child's death before or
21	21	shortly after birth; and
22	22	(3) since the lives of preborn children are no longer
23	23	prematurely taken by abortion in this state, many of the children
24	24	described by Subdivision (2) are born alive.
25	25	SECTION 3. Chapter 161, Health and Safety Code, is amended
26	26	by adding Subchapter Z to read as follows:
27	27	SUBCHAPTER Z. PERINATAL PALLIATIVE CARE
28	28	Sec. 161.751. PURPOSE OF SUBCHAPTER. The purpose of this
29	29	subchapter is to ensure that a pregnant woman whose preborn child is
30	30	diagnosed with a life-threatening disability is informed of the
31	31	availability of perinatal palliative care.
32	32	Sec. 161.752. DEFINITIONS. In this subchapter:
33	33	(1) "Health care provider" has the meaning assigned by
34	34	Section 34.001.
35	35	(2) "Perinatal palliative care" means the provision of
36	36	comprehensive, supportive care to reduce the suffering of a
37	37	pregnant woman, her preborn child, and her family, from diagnosis
38	38	of the preborn child's life-threatening disability through the
39	39	child's delivery and possible death as a result of the
40	40	life-threatening disability. The term includes medical, social,
41	41	and mental health care, including counseling and health care
42	42	provided by maternal-fetal medical specialists, obstetricians,
43	43	neonatologists, anesthesia specialists, specialty nurses, clergy,
44	44	social workers, and other individuals focused on alleviating fear
45	45	and pain and ensuring the pregnant woman, her preborn child, and her
46	46	family experience a supportive environment. The term does not
47	47	include an act or omission intended to cause or hasten a preborn
48	48	child's death.
49	49	Sec. 161.753. PERINATAL PALLIATIVE CARE INFORMATIONAL
50	50	MATERIALS. (a) The commission shall develop perinatal palliative
51	51	care informational materials and post the materials on the
52	52	commission's Internet website. The materials must include:
53	53	(1) a description of the health care and other
54	54	services available through perinatal palliative care; and
55	55	(2) information about medical assistance benefits
56	56	that may be available for prenatal care, childbirth, and perinatal
57	57	palliative care.
58	58	(b) The commission shall develop, regularly update, and
59	59	publish a geographically indexed list of all perinatal palliative
60	60	care providers and programs in this state. The commission may
61	61	include perinatal palliative care providers and programs in other
62	62	states that provide care to residents of this state but may not
63	63	include an abortion provider, as defined by Section 171.002, or an
64	64	affiliate, as defined by Section 2273.001, Government Code, of an
65	65	abortion provider.
66	66	(c) The commission shall post on the commission's Internet
67	67	website the list of perinatal palliative care providers and
68	68	programs, including contact information, and note the providers and
69	69	programs that provide services free of charge.
70	70	Sec. 161.754. PERINATAL PALLIATIVE CARE CERTIFICATION
71	71	FORM. The commission shall develop a form on which a pregnant woman
72	72	certifies she received the perinatal palliative care informational
73	73	materials and list of the perinatal palliative care providers and
74	74	programs described by Section 161.753.
75	75	Sec. 161.755. HEALTH CARE PROVIDER DUTIES ON DIAGNOSIS OF
76	76	PREBORN CHILD'S LIFE-THREATENING DISABILITY. A health care
77	77	provider who diagnoses a pregnant woman's preborn child as having a
78	78	life-threatening disability shall, at the time of the diagnosis:
79	79	(1) provide the pregnant woman with a written copy of:
80	80	(A) the perinatal palliative care informational
81	81	materials and list of the perinatal palliative care providers and
82	82	programs described by Section 161.753; and
83	83	(B) the perinatal palliative care certification
84	84	form described by Section 161.754; and
85	85	(2) obtain from the pregnant woman the signed
86	86	perinatal palliative care certification form and place the form in
87	87	the pregnant woman's medical records.
88	88	Sec. 161.756. EXCEPTION. A health care provider is not
89	89	required to provide the perinatal palliative care informational
90	90	materials or perinatal palliative care certification form under
91	91	this subchapter if the health care provider verifies the pregnant
92	92	woman's medical record contains a signed perinatal palliative care
93	93	certification form for that pregnancy as required under Section
94	94	161.755(2).
95	95	Sec. 161.757. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.
96	96	A health care provider who violates Section 161.755 is subject to
97	97	disciplinary action by the state licensing agency that regulates
98	98	the provider. On determining the provider committed a violation,
99	99	the agency shall:
100	100	(1) for an initial violation, issue a written warning
101	101	to the provider; and
102	102	(2) for each subsequent violation, impose on the
103	103	provider an administrative penalty in the amount of $1,000.
104	104	SECTION 4. This Act takes effect September 1, 2025.